GOV 357M Paper 2 - GOV 357M G J Jacobson KIHANI KRISHAN v...

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April 15, 2008 GOV 357M G. J. Jacobson KIHANI KRISHAN v. SOUTH FORK CONSOLIDATED SCHOOL DISTRICT As unfortunate as it may be, the three-judge panel of the U.S. Circuit Court of Appeals was correct in separating the two issues we find before us. There must be a clear division between the affects of the South Fork Consolidated School District’s dress code policies and weapons policies with regard to Kihani Krishan’s ability to practice said religion. It is unfortunate because from the evidence at hand, the Sheks find both of these acts, the wearing of the turban and the carrying of the decorative jeweled dagger during the high holy days of Kaffrine, to be of the utmost importance to the fulfillment of practicing their religion properly. In an ideal world this would be an open and shut case based on the 1 st Amendments granting of the free exercise of religion. However because of the problems found in the South Fork Consolidated School District’s schools due to many external environment factors this issues at hand grow in complexity. Hence, the best way I have found to decipher these complexities is to separate the two issues. Beginning with the South Fork Consolidates School District’s policy regarding the dress code barring Kihani Krishan’s practice of wearing a turban. I find in favor of Kihani Krishan. The dress code policy enacted by the South Fork Consolidated School District, which does not allow Kihani Krishan to wear his turban, is unconstitutional.
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The court, through the testimony given, has no doubt that the wearing of a turban by a Shek is an act of paramount importance in their duties of religious practice. The dress code fails the requirements of legislation regarding religion established in (Lemon v. Kurtzman). It is understood that the South Fork Consolidated School District was compelled to act on behalf of the safety of the students and faculty by enacting the dress code policy. I do believe it to be the responsibility of the South Fork Consolidated School District to
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This note was uploaded on 05/11/2008 for the course GOV 357M taught by Professor G.j.jacobson during the Spring '08 term at University of Texas.

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GOV 357M Paper 2 - GOV 357M G J Jacobson KIHANI KRISHAN v...

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